Kansas District Court
Judge:Rachel E Schwartz
Referred: Rachel E Schwartz
Case #: 2:23-cv-02204
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1441 Petition for Removal- Personal Injury
Case Filed:May 04, 2023
Terminated:Nov 06, 2023
Case in other court:Tenth Judicial District of Kansas, 23CV00413
Last checked: Tuesday Oct 31, 2023 3:57 AM CDT
Defendant
Cheesecake Factory Restaurants, Inc., The
Represented By
Jennifer L. Woulfe
Galloway, Johnson, Tompkins, Burr & Smith
contact info
John P. Kemppainen, Jr.
Galloway, Johnson, Tompkins, Burr & Smith
contact info
Plaintiff
Mary Repine
Represented By
Blaine Edward Dickeson
Dipasquale Moore, Llc - Kc
contact info


Docket last updated: 22 minutes ago
Monday, November 06, 2023
utility Terminate Civil Case Mon 11/06 11:57 AM
***Civil Case Terminated per RES Chambers re 26 Stipulation of Dismissal. (sz)
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Thursday, November 02, 2023
26 26 misc Stipulation of Dismissal Thu 11/02 2:45 PM
STIPULATION OF DISMISSAL with Prejudice by Mary Repine. (Dickeson, Blaine)
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25 25 order Order on Motion to Continue Thu 11/02 12:34 PM
ORDER denying without prejudice24 Motion to Continue the Dismissal Deadline. The Court previously denied in part a motion to extend the deadline to file dismissal papers until December 1, 2023. ECF No. 23. The Court does not find good cause for this new motion to extend the November 3, 2023 deadline to file dismissal documents because Defendant does not articulate why an additional sixty (60) days are required to resolve Medicare's secondary payer interest issues. Moreover, the motion does not indicate whether Plaintiff is opposed to the requested extension. To the extent Defendant wishes to refile the motion, any renewed motion shall specify what work remains to resolve the Medicare issues to ensure that the parties will meet any narrowly tailored requested extension. The Court strongly encourages any refiled motion to be a joint or unopposed motion. Finally, the Court warned the parties in its order granting in part the parties' first request to extend the deadline to file dismissal papers of D. Kan. Rule 6.1(a), which requires that all motions for an extension of time must be filed no less than 3 days before the deadline. ECF No. 23. The Court reiterates this warning again and cautions the parties that any future motion that fails to comply with D. Kan. Rule 6.1(a) may result in denial. Signed by Magistrate Judge Rachel E. Schwartz on 11/2/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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24 24 motion Continue Thu 11/02 11:11 AM
MOTION to Continue Dismissal Deadline by Defendant Cheesecake Factory Restaurants, Inc., The (Woulfe, Jennifer)
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Monday, October 02, 2023
23 23 order Order on Motion for Extension of Time Mon 10/02 3:19 PM
ORDER granting in part (ECF No. 22) Motion for Extension of Time to File Dismissal Papers. The Court does not find good cause for the lengthy extension that the parties seek, but does find good cause for a more limited extension of the deadline to file dismissal papers. On or before November 3, 2023, the parties are ordered to file dismissal papers. Counsel are reminded of D. Kan. Rule 6.1(a), which requires that all motions for an extension of time must be filed no less than 3 days before the deadline. Failure to comply with this Rule may result in the denial of any future motions. Signed by Magistrate Judge Rachel E. Schwartz on 10/2/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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22 22 motion Extension of Time Mon 10/02 3:18 PM
Motion for Extension of Time to File Dismissal Papers. In an October 2, 2023 email from counsel for Defendant, the parties request a 60-day extension, or until December 1, 2023, of the October 3, 2023 deadline to file dismissal papers. For clarity of the docket, the Court will treat this request as a joint motion. (jrh)
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Monday, August 07, 2023
21 21 order Order ~Util - Terminate Deadlines and Hearings Mon 08/07 12:31 PM
ORDER requiring Dismissal Papers. In an August 4, 2023 email from counsel for Defendant, the parties informed the Court that this case has settled. In response to an email from the Court, the parties requested 60 days to file the dismissal papers. The Court therefore orders the parties to file dismissal papers on or before October 3, 2023. The Court also suspends all deadlines and hearings in the15 Scheduling Order, including the January 17, 2024 Pretrial Conference. Signed by Magistrate Judge Rachel E. Schwartz on 8/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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Thursday, June 29, 2023
20 20 misc Certificate of Service Thu 06/29 5:24 PM
CERTIFICATE OF SERVICE of Defendant's Answers to Plaintiff's First Set of Interrogatories and Responses to Plaintiff's First Request for Production of Documents by Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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Tuesday, June 27, 2023
19 19 12 pgs order Order on Motion for Protective Order Tue 06/27 8:08 AM
ORDER granting (ECF No. 18) Parties' Joint Motion Requesting Entry of a Protective Order. The Court grants the motion and enters the parties' proposed protective order with minor modifications, which the Court communicated to the parties via email on June 26, 2023. Signed by Magistrate Judge Rachel E. Schwartz on 6/27/2023. (jrh)
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18 18 motion Protective Order Tue 06/27 8:06 AM
Joint Motion Requesting Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on June 24, 2023. (jrh)
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Monday, June 26, 2023
17 17 misc Certificate of Service Mon 06/26 7:18 PM
CERTIFICATE OF SERVICE of Objections to Plaintiff's Interrogatories and Requests for Production by Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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Friday, June 16, 2023
16 16 misc Certificate of Service Fri 06/16 10:52 AM
CERTIFICATE OF SERVICE of Defendant's Rule 26(a)(ii) Disclosures by Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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Wednesday, June 14, 2023
15 15 order Scheduling Order Wed 06/14 8:38 AM
SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 8/4/2023. Mediation deadline 9/29/2023. Discovery deadline 12/21/2023. Proposed Pretrial Order due by 1/5/2024. Final Pretrial Conference set for January 17, 2024, at 1:30 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Dispositive motion deadline 2/16/2024. The court will subsequently set this case for trial. Estimated trial time 3 days. Signed by Magistrate Judge Rachel E. Schwartz on 06/14/2023. (drk)
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Tuesday, June 13, 2023
14 14 minutes Scheduling Conference Tue 06/13 4:02 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Rachel E. Schwartz: SCHEDULING CONFERENCE held on 6/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk)
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Monday, June 12, 2023
13 13 misc Certificate of Service Mon 06/12 5:55 PM
CERTIFICATE OF SERVICE of Defendant's First Set of Interrogatories and First Request for Production of Documents directed to Plaintiff by Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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Thursday, May 25, 2023
12 12 misc Certificate of Service Thu 05/25 3:27 PM
CERTIFICATE OF SERVICE of Certificate of Service Plaintiff's Opening Discovery to Defendant The Cheesecake Factory Restaurants. Inc. by Mary Repine. (Dickeson, Blaine)
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Tuesday, May 16, 2023
11 11 order Consent & Order to Jurisdiction by US Magistrate Judge Tue 05/16 12:39 PM
CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE AND ORDER - Case reassigned to Magistrate Judge Rachel E. Schwartz for all further proceedings. Signed by Chief District Judge Eric F. Melgren on 5/16/2023. (ca)
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Friday, May 12, 2023
10 10 misc Statement Fri 05/12 3:22 PM
STATEMENT Disclosure of Citizenship by Defendant Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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9 9 order Initial Order Regarding Planning and Scheduling Fri 05/12 11:57 AM
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for June 13, 2023, at 3:00 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 5/23/2023. Rule 26 Initial Disclosures Deadline set for 6/2/2023. Proposed Scheduling Order Deadline 6/2/2023. Signed by Magistrate Judge Rachel E. Schwartz on 05/12/2023. (drk)
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Monday, May 08, 2023
8 8 misc Entry of Appearance Mon 05/08 11:22 AM
ENTRY OF APPEARANCE by Jennifer L. Woulfe on behalf of Cheesecake Factory Restaurants, Inc., The. (Woulfe, Jennifer)
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7 7 misc Certificate of Compliance Mon 05/08 10:36 AM
CERTIFICATE OF COMPLIANCE by Defendant Cheesecake Factory Restaurants, Inc., The Certificate of Filing Notice of Removal with State Court .(Kemppainen, John)
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Att: 1 Exhibit Notice of Filing of Notice of Removal
Friday, May 05, 2023
notice Notice of Judge Assignment Fri 05/05 4:32 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)
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Thursday, May 04, 2023
6 6 misc Corporate Disclosure Statement Thu 05/04 5:27 PM
CORPORATE DISCLOSURE STATEMENT by The Cheesecake Factory Restaurants, Inc. identifying none as corporate parent . (Kemppainen, John)
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5 5 answer Answer to Complaint Thu 05/04 5:26 PM
ANSWER to Complaint by The Cheesecake Factory Restaurants, Inc..(Kemppainen, John)
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4 4 4 pgs misc State Court Records Thu 05/04 5:03 PM
STATE COURT RECORDS from Tenth Judicial Circuit of Kansas.(Kemppainen, John)
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Att: 1 Exhibit Request and Service Instruction Form,
Att: 2 Exhibit Return of Service
3 3 misc Designation of Place of Trial Thu 05/04 4:59 PM
DESIGNATION OF PLACE OF TRIAL filed by Defendant The Cheesecake Factory Restaurants, Inc. - trial to be held in Kansas City. (Kemppainen, John)
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2 2 misc Civil Cover Sheet Thu 05/04 4:56 PM
CIVIL COVER SHEET by Defendant The Cheesecake Factory Restaurants, Inc.. (Kemppainen, John)
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1 1 3 pgs notice Notice of Removal Thu 05/04 4:54 PM
NOTICE OF REMOVAL from Tenth Judicial Circuit of Kansas, case number 23CV00413 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-6052940.), filed by The Cheesecake Factory Restaurants, Inc..(Kemppainen, John)
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Att: 1 4 pgs Exhibit State Court Amended Petition